NVC Affidavit of Support and tax amendment

[magda_pearl 5]

Hello freinds,

I'm using my wife's account to post on here so thank you all for your help in advance.

I've read many posts regarding this topic here as well as on other forums and there seems to be different opinions on the course of action.

I filled my 2013 tax as single and having realized it was a mistake i filled for an amendment. It's been 9 weeks and IRS still hasn't adjusted my return. We have a green light from NVC to file the Affidavit of Support but i was wondering if i should wait for IRS a couple more weeks (amendment should take 8-12 weeks) and file the corrected return.

Some are of the opinion that it's best to submit the original return to NVC and bring the amended one to the interview. Some say it's best to start with NVC with what you've got and then send them the amendment. My only concern is that since I won't be able to go to the interview with my wife, they might try to pressure her into explaining why i filed as single.

Thank you all for help in advance

[bmelendez 1]

^{You did it right the first time, because she dont live in the states yet and you cant file as married, Thats how I filed my income tax this year, single. I went to the interview and I didnt have any problem. Good luck !!}

[Caryh 5,206]

^{You did it right the first time, because she dont live in the states yet and you cant file as married, Thats how I filed my income tax this year, single. I went to the interview and I didnt have any problem. Good luck !!}

You still file as married, but is the married filing separately. A single person is allowed different deductions than a married filing separately, which basically has the same tax rates except for the limited deductions.

[Rlelle09 28]

My husband is a US citizen and when I called the IRS and mentioned that we were planning to complete my husband's taxes as single, the rep stopped me quickly and informed me that it should not be filed that way. Instead the rep said my husband should filed as married filing separately, so I just put "NRA" (non- resident alien) in the part that asks for spouses social security number. Can anyone else weigh in on this?

[pushbrk 12,083]

You filed the amended return. Send in a copy of the amended return. You don't need to wait for the IRS to do anything.

[magda_pearl 5]

You filed the amended return. Send in a copy of the amended return. You don't need to wait for the IRS to do anything.

i guess copy of my amended return will not be any different from when IRS adjusts it. makes sense.

Thank you for advise.

[dwheels76 5,458]

^{You did it right the first time, because she dont live in the states yet and you cant file as married, Thats how I filed my income tax this year, single. I went to the interview and I didnt have any problem. Good luck !!}

You have to realize one, you did file wrong and you need to amend that now that hubby is in US and has a SS#.

And some people are getting 221g's from CO's and they are having to amend their taxes now before they get Visa.

You are married you must either file Married Filing Separate (don't need SS#) or Married Filing Jointly (Need SS#) or Head of Household if you qualify.

You just got lucky CO didn't say anything.

[magda_pearl 5]

My husband is a US citizen and when I called the IRS and mentioned that we were planning to complete my husband's taxes as single, the rep stopped me quickly and informed me that it should not be filed that way. Instead the rep said my husband should filed as married filing separately, so I just put "NRA" (non- resident alien) in the part that asks for spouses social security number. Can anyone else weigh in on this?

That is correct.. i filed my taxes electronically and didn't have the option of NRA.. so i filed as single and amended later as NRA. You did the right thing.

[pushbrk 12,083]

And some people are getting 221g's from CO's and they are having to amend their taxes now before they get Visa.

Can't you point me to an example of a reported 221g denials asking for an amended tax return?

[dwheels76 5,458]

Can't you point me to an example of a reported 221g denials asking for an amended tax return?

I never said a denial. But a few people on these very boards have reported getting a 221g to have their 2013 amended and return amended tax forms to the embassy. I believe 2 were on my Interview thread and I have read another can't remember the embassy. But I know Philippines is giving them out also.

If its a lie they told it I only read what others have said and take them at their word.

[pushbrk 12,083]

I never said a denial. But a few people on these very boards have reported getting a 221g to have their 2013 amended and return amended tax forms to the embassy. I believe 2 were on my Interview thread and I have read another can't remember the embassy. But I know Philippines is giving them out also.

If its a lie they told it I only read what others have said and take them at their word.

Any 221g letter is a denial of the visa. Sometimes it's a temporary denial. Can you point me to just one, please?

[Hypnos 6,576]

Entering information on your IRS 1040 forms or schedules that you know to be incorrect (including stating you're married when single, or single when married) is a federal crime, to wit: perjury. The perjury warning is clearly indicated on the 1040 form where you sign it, either by hand or electronically. If you were married on the final day of the previous year then you are considered married for that tax year, even if you only got married on 31st December at 11:59pm.

I don't know about you, but I do everything I can to try not to commit perjury on a daily basis. Sometimes I can go even go for weeks without doing it.

[sukhi4498 1]

My wife had interview on may 19th and she was approved and they asked for 2013 tax return and filed it as single they checked and didn't say anything so no worries

[pushbrk 12,083]

My wife had interview on may 19th and she was approved and they asked for 2013 tax return and filed it as single they checked and didn't say anything so no worries

Well, I too have never actually heard of this being a problem in anybody's visa interview. However, an assertion has been made that there are reports of visas being temporarily refused until an amended return is submitted to IRS and to the Consular IV Unit. I suspect this assertion is the product of a misunderstanding or misinterpretation rather than accurate, but am waiting for further details.

In my experience, which is considerable, I've never seen married but filing as single to be a problem for anybody in any way (in terms of any negative consequence). Please note that an IRS employee would NOT make this mistake without losing their job, but unless you work for the IRS, I'm still waiting to see any direct indication of a negative consequence.

A little off-topic though, as the OP has already amended their return and was asking whether to use it with his yet to be submitted I-864.

[sukhi4498 1]

Right Mr. Pushrk even I called nvc before my spouse interview and they said we get this query many a times but don't worry u will b not facing any problem and for confirmation he gave me his I'd # and name so guys don't worry u can file single